[Federal Register: May 17, 2007 (Volume 72, Number 95)]
[Rules and Regulations]
[Page 27735-27738]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17my07-9]
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DEPARTMENT OF HOMELAND SECURITY
Coast Guard
33 CFR Part 100
[CGD13-07-013]
RIN 1625-AA00
Special local regulation: ULHRA Hydroplane Races, Howard Amon
Park, Richland, WA
AGENCY: Coast Guard, DHS.
ACTION: Special local regulation temporary final rule.
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SUMMARY: The Coast Guard is undertaking two actions with regard to the
above captioned regulation. The first is to withdraw the temporary
final rule previously published on April 23, 2007 because it
erroneously described the race area. The second is to correct the
previous error by establishing a temporary special local regulation for
the ULHRA National Series Hydroplane Race to be held on the waters of
the Columbia River in the vicinity of Howard Amon Park, Richland, WA.
These special local regulations limit the movement of non-participating
vessels in the regulated race area. This
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temporary rule is needed to provide for the safety of life on navigable
waters during the event.
DATES: This regulation is effective from 7 a.m. (PDT) to 7 p.m. (PDT)
on May 19 and 20, 2007.
ADDRESSES: Documents indicated in this preamble as being available in
the docket are part of docket (CGD13-07-013) and are available for
inspection or copying at U. S. Coast Guard Sector Portland, 6767 N.
Basin Avenue, Portland, Oregon 97217 between 7 a.m. and 4 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Petty Officer Michelle Duty, c/o
Captain of the Port, Portland 6767 N. Basin Avenue, Portland, Oregon
97217, (503) 240-2590.
SUPPLEMENTARY INFORMATION:
Regulatory Information
We did not publish a notice of proposed rulemaking (NPRM) for this
regulation. Under 5 U.S.C. 553(b)(B) and 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for not publishing an NPRM and for
making this rule effective less than 30 days after publication in the
Federal Register. Publishing an NPRM would be contrary to public
interest since immediate action is necessary to ensure the safety of
vessels and spectators. If normal notice and comment procedures were
followed, or if the effective date of this rule were delayed by 30
days, this rule would not become effective until after the date of the
event. For this reason, following normal rulemaking procedures in this
case would be contrary to the public interest.
Background and Purpose
The Coast Guard is undertaking two actions in this document. The
first is to withdraw the temporary final rule previously published on
April 23, 2007 at 72 FR 20047 because it erroneously described the race
area. The second is to correct the previous error by establishing a
temporary special local regulation for the ULHRA National Series
Hydroplane Race to be held on the waters of the Columbia River in the
vicinity of Howard Amon Park, Richland, WA.
The Coast Guard is establishing a temporary special local
regulation to allow for a safe racing event. This event occurs on the
Columbia River in the vicinity of Howard Amon Park in Richland, WA and
is scheduled to start at 7 a.m. (PDT) and last until 7 p.m. (PDT) on
May 19 and 20, 2007. This event may result in a number of recreational
vessels congregating near the hydroplane races. The hydroplane race
poses several dangers to the public including excessive noise, objects
falling from any accidents, and hydroplanes racing at high speeds in
proximity to other vessels. Accordingly, the Special local regulation
is needed to protect watercraft and their occupants from safety hazards
associated with the event. This Special local regulation will be
enforced by representatives of the Captain of the Port, Portland,
Oregon. The Captain of the Port may be assisted by other federal,
state, and local agencies.
Discussion of Rule
This temporary rule will create a regulated area to assist in
minimizing the inherent dangers associated with hydroplane races. These
dangers include, but are not limited to, excessive noise, race craft
traveling at high speed in close proximity to one another and to
spectator craft, and the risk of airborne objects from any accidents
associated with hydroplanes. In the event that hydroplanes require
emergency assistance, rescuers must have immediate and unencumbered
access to the craft. The Coast Guard, through this action, intends to
promote the safety of personnel, vessels, and facilities in the area.
Due to these concerns, public safety requires these regulations to
provide for the safety of life on the navigable waters.
Regulatory Evaluation
This temporary rule is not a ``significant regulatory action''
under section 3(f) of Executive Order 12866, Regulatory Planning and
Review, and does not require an assessment of potential costs and
benefits under section 6(a)(3) of that Order. The Office of Management
and Budget has not reviewed it under that Order. It is not
``significant'' under the regulatory policies and procedures of the
Department of Homeland Security (DHS).
We expect the economic impact of this temporary rule to be so
minimal that a full Regulatory Evaluation under the regulatory policies
and procedures of DHS is unnecessary. This expectation is based on the
fact that the regulated area established by this rule encompasses an
area on the Columbia River near Howard Amon Park in Richland, WA not
frequented by commercial navigation. The regulation is established for
the benefit and safety of the recreational boating public and the event
will pause in order to allow the ferry to pass through the area at its
allotted times, any negative recreational boating impact is offset by
the benefits of allowing the hydroplanes to race. This rule would be
enforced from 7 a.m. to 7 p.m. Pacific Daylight Time each day on May 19
and 20, 2007. For the above reasons, the Coast Guard does not
anticipate any significant economic impact.
Small Entities
Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
The Coast Guard certifies under 5 U.S.C. 605(b) that this rule will
not have a significant economic impact on a substantial number of small
entities.
This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to transit
or anchor in a portion of the Columbia River during the time mentioned
under Background and Purpose. This Special local regulation will not
have a significant economic impact on a substantial number of small
entities due to its short duration and small area. The only vessels
likely to be impacted will be recreational boaters, small passenger
vessel operators, and a ferry that runs through the regulated area
twice a day. The event is held for the benefit and entertainment of the
recreational and small passenger vessel operators, and the event will
pause in order to allow the ferry to pass through the area at its
allotted times. Because the impacts of this proposal are expected to be
so minimal, the Coast Guard certifies under 605(b) of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) that this temporary rule will
not have a significant economic impact on a substantial number of small
entities.
If you think that your business, organization, or governmental
jurisdiction qualifies as a small entity and that this temporary rule
would have a significant economic impact on it, please submit a comment
(see ADDRESSES) explaining why you think it qualifies and how and to
what degree this rule would economically affect it.
Assistance for Small Entities
Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offered to assist small
entities in understanding the rule so that they can
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better evaluate its effects on them and participate in the rulemaking
process.
Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The Ombudsman evaluates these actions annually and
rates each agency's responsiveness to small business. If you wish to
comment on actions by employees of the Coast Guard, call 1-888-888-REG-
888-FAIR (1-888-734-3247).
Collection of Information
This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).
Federalism
A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that order and have determined that this rule does not have
implications for federalism under that Order.
Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a state, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 or more in any
one year. Though this rule will not result in such an expenditure, we
do discuss the effects of this rule elsewhere in this preamble.
Taking of Private Property
This rule will not effect taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.
Civil Justice Reform
This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.
Protection of Children
We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not concern an
environmental risk to health or risk to safety that may
disproportionately affect children.
Indian Tribal Governments
This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian tribal governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the federal government and
Indian tribes, or on the distribution of power and responsibilities
between the federal government and Indian tribes.
Energy Effects
We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.
Technical Standards
The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.
Environment
We have analyzed this rule under Commandant Instruction M16475.1D
and Department of Homeland Security Management Directive 5100.1, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that there are no factors in this case that would limit the use of a
categorical exclusion under section 2.B.2 of the Instruction.
Therefore, this rule is categorically excluded, under figure 2-1,
paragraph (34)(h) of Commandant Instruction M16475.1D, from further
environmental documentation. Special local regulations issued in
conjunction with a regatta or marine event permit are specifically
excluded from further analysis and documentation under that section.
Under figure 2-1, paragraph (34)(h) of the instruction, an
``Environmental Analysis Check List'' and a categorical exclusion
determination are not required for this rule.
List of Subjects in 33 CFR Part 100
Marine Safety, Navigation (water), Reporting and Recordkeeping
requirements, Waterways.
0
For the reasons discussed in the preamble, the Coast Guard amends 33
CFR Part 100 as follows:
PART 100--SAFETY OF LIFE ON NAVIGABLE WATERS
0
1. The authority citation for part 100 continues to read as follows:
Authority: 33 U.S.C. 1233; Department of Homeland Security
Delegation No. 0170.1.
Sec. 100.T13-009 [Withdrawn].
0
2. Withdraw temporary Sec. 100.T13-009.
0
3. Add temporary Sec. 100.T13-010 to read as follows:
Sec. 100.T13-010 ULHRA Hydroplane Races Howard Amon Park, Richland,
Washington.
(a) Regulated Area. The regulated area is defined as the waters of
the Columbia River from bank to bank in the vicinity of Howard Amon
Park on the Columbia River in Richland, Washington commencing at the
Interstate 182 Bridge and continuing up river Northward 3.0 miles and
terminating at the Columbia River Mile 339.
(b) Special Local Regulations. This event will take place from 7
a.m. PDT to approximately 7 p.m. PDT May 19 to 20, 2007, in the
described waters of the Columbia River in Richland, Washington.
(1) No persons may enter or remain in the regulated area except for
participants in the event, supporting personnel, vessels registered
with the event organizer, and personnel or
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vessels authorized by the Coast Guard Patrol Commander.
(2) The Coast Guard Patrol Commander is a commissioned, warrant,
petty officer, or auxiliarist of the Coast Guard who has been
designated by Commander, Coast Guard Sector Portland. A Coast Guard
Auxiliarist, when so appointed by the COTP per 14 U.S.C 831, may act as
the Patrol Commander. The Patrol Commander is empowered to control
movement of vessels in the regulated area and adjoining waters during
the hours these regulations are in effect.
(3) A succession of sharp, short signals by whistle, siren, or horn
from vessels patrolling the area shall serve as a signal to stop.
Vessels or persons signaled shall stop and shall comply with the orders
of the patrol vessels. Failure to due so may result in the expulsion
from the area, citation, for failure to comply or both.
(4) Any spectator vessel may anchor outside the regulated area
specified in paragraph (a) of this section, but may not block a
navigable channel.
Dated: May 4, 2007.
K.S. Cook,
Captain, U.S. Coast Guard, Acting Commander, 13th Coast Guard District.
[FR Doc. 07-2460 Filed 5-15-07; 9:58 am]
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